United Can and Glass Co.,

National Labor Relations Board - Board Decisions

May 28, 1953

105 N.L.R.B. 69 (N.L.R.B. 1953)

UNITED CAN AND GLASS CO. 69
NAME NAME NAME
Edwards, Ruben Lewis, Eugene, Jr. Smith, Charles
Fisher, Essie Lisman, R. C. Stoker, Albert
Fisher, Marion Long, N. L. Strickland, Fred
Graham, Willie McGee, Robert Stroger, Bonny
Greer, Howard Madison, Lee Andrew Taylor, Lesley R.
Gregory, George Malory, Eddie Lee Taylor, Will
Hall, Andrew Manning, Daniel Taylor, Willie T.
Hall, Sam Manning, Hugh L. Thomas, Henry
Harris, Howard May, Dave Thomas, Leamon
Haynes, George Mills, Laval Thompson, John
Henderson, Clifford Mitchell, Luke Tippens, James
Henderson, James Moody, Warren G. H. Turner, Charlie
Henderson, John H. Morris, John, Jr. White, Charley
Hicks, James, Sr. Noel, Hursey White. W. C.
Hill, Emid Nolan, Gus Williams, Coy
Hooper, James Lee Patterson, Henry Williams, Earnest
Houston, Ervin Patterson, Joe Williams, Emmit
Jackson, Levy Raglon , Lewis R. Williams, Illinois
Jenkins, Arie Reeves, Wilbert Williams, Israel
Johnson, L. C. Roach, Edward Williams, L,, C.
Jones, James, Jr. Robertson, Elmer Williams, Leon
Jones, Joseph James, Jr. Robison, Cornell Williams, Leonard
Jones, Sherman Rose, Daily Williams, Samuel Spencer
Jones, Vertine Melvin Rose, Preston Williams, Woodrow
Jones, Willie Sanders, Howard Williams, Yourie
Jones, Willie James Sheppard, Anderson Wilson, Dennie
Jones, Willis Small, Willie Wilson, Julius
Lee, Jarrard
All our employees are free to become or remain members of the above-named union or
any other labor organization. We will not discriminate in regard to hire or tenure of em-
ployment or any term or condition of employment against any employee because of member-
ship in or activity on behalf of any such labor organization,
MARSHALL CAR WHEEL AND FOUNDRY
CO. OF MARSHALL, TEXAS, INC.,
Employer.
Dated ................ By .................... ................................................ ........................
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be altered,
defaced, or covered by any other material.
UNITED CAN AND GLASS CO., AND HUNT FOODS, INC. i and
UNITED STEELWORKERS OF AMERICA, CIO, Petitioner.
Case No. 20-RC-2144. May 28, 1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Natalie P.
Allen, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby
affirmed.
i The name of the Employer appears as amended at the hearing.
105 NLRB No. 7.
70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case to
a three-member panel [ Members Houston , Murdock, and
Styles].
Upon the entire record in this case , the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
2. The labor organization involved claims to represent
employees of the Employer.
3. No question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and ( 7) of the Act, for
the following reasons:
The Petitioner seeks to sever from an existing unit of pro-
duction and maintenance employees a craft unit of machinists
and related classifications at the Hayward Can Plant of United
Can and Glass Co., herein called United , and Hunt Foods, Inc.,
herein called Hunt. International Association of Machinists,
District Lodge No. 115, an intervenor herein called the IAM,
is in substantial agreement with the Petitioner as to the unit
sought. The Cannery Warehousemen , Food Processors , Drivers
and Helpers Union No. 768, AFL , herein called Union No. 768,
and California State Council of Cannery Unions, International
Brotherhood of Teamsters , Chauffeurs , Warehousemen and
Helpers, AFL, herein called the Council , intervenors and
bargaining representative of the contractual unit , argue that a
unit of production and maintenance employees at the Hayward
can plant , in accord with a prior Board decision involving these
companies , is appropriate.2 The companies and California
Processors and Growers , Inc., an employer association herein
called CP & G, take the position that the more appropriate unit
is an associationwide production and maintenance unit. As a
second position , they agree with Union No. 768 and the Council
that a production and maintenance unit at the Hayward can plant
is appropriate.
United, which operated from 1947 to 1950 as Atlas Imperial
Diesel Engine Co ., herein called Atlas, is engaged in the manu-
facture of cans at Hayward, California . Hunt processes and
cans fruits and vegetables . The two companies aye closely
related with respect to ownership of stock and managerial
policies , which are detailed in the Board ' s decision in the
Atlas case.
CP & G is composed of approximately 42 companies engaged
in fruit and vegetable processing . The primary function of this
organization is to handle collective bargaining for its members
on an industrywide basis. Hunt has been a member of CP & G
from 1947 to the present time. United, while operating as Atlas
or United , has not been a member of this association. From
1947 to date Hunt has been a signatory to a contract between
CP & G and the Council , of which Union No. 768 is a member.
The contract between CP & G and the Council was entered into
2 Atlas Imperial Diesel Engine Co. and Hunt Foods, Inc , 89 NLRB 372.
BUFFALO WEAVING AND BELTING COMPANY 71
in 1947 and amended in 1949, 1950, and 1952. At the time of the
hearing it had been reopened and the parties were in the process
of negotiating new terms. In 1950, while United operated as
Atlas, the Board found appropriate a unit of production and
maintenance employees at the Hayward can plant and held Hunt
and Atlas to be a single employer within the meaning of Section
2 (2) of the Act. In 1951 the petitioning union lost the Board-
conducted election and Union No. 768, the historical repre-
sentative of these employees, was certified as their collective-
bargaining representative.
All parties except the IAM stipulated at the hearing that the
employees of the Hayward can plant continued tobe covered by
the CP & G contract, as they were prior to the certification.
The IAM contends that the CP & G contract has not been
applied to the employees of United because United is not a
signatory to this contract. In view of the Board's finding in
the Atlas decision that Hunt and Atlas constituted a single
employer, the stipulation of the parties in this case that Hunt
and United are, for the purposes of this proceeding , one em-
ployer, and the lack of evidence of any change in the relation-
ship between Hunt and United since the prior Board decision,
we find that Hunt and United constitute a single employer
within the meaning of Section 2 (2) of the Act. We therefore
find that it is immaterial that United is not a signatory to the
CP & G contract. The signature of Hunt to that contract as the
employer of these employees affords a sufficient basis to find,
and we do, that the CP & G contract has covered, in form as
well as practice, the employees of the Hayward can plant since,
at least, 1951.
The foregoing facts show that the production and maintenance
employees of the Hayward can plant have a history of bargain-
ing on a multiemployer basis. The Employer desires to con-
tinue to bargain on a multiemployer basis. It is well settled
that in these circumstances, severance of a craft unit must be
coextensive with the existing production and maintenance unit. 3
Accordingly, we find that the craft unit at the Hayward can
plant sought by the Petitioner is inappropriate, and shall dis-
miss the petition herein.
[The Board dismissed the petition.]
3Pioneer Incorporated , 86 NLRB 1319; Byrant' s Marina , Inc., et al. , 92 NLRB 718.
BUFFALO WEAVING AND BELTING COMPANY and INTER-
NATIONAL ASSOCIATIONOF MACHINISTS, AFL, Petitioner.
Case No. 8-RC-1904. May 28, 1953
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Charles A.
Fleming, hearing officer. The hearing officer ' s rulings made
105 NLRB No. 12.
291555 0-54-6